header-logo header-logo

17 April 2019
Issue: 7837 / Categories: Legal News , Property , Landlord&tenant
printer mail-detail

All change on the farm

Agricultural tenants and landowners face far-reaching changes to the law on mortgages, repossession, apply to vary clauses and passing on tenancies to the next generation.

Defra published a consultation paper this month on ‘Reforming agricultural tenancies in England and Wales’, due to end on 2 July. It asks whether current restrictions on agricultural mortgages act as a barrier to letting farmland, and whether farmers unable to meet their repayments should be given greater protection against repossession.

Sarah Denney-Richards, head of agriculture at Thursfields, said: ‘Agricultural tenants and landowners need to be aware of these potential changes and the impact they could have.

‘Anyone who is concerned about the potential impact on their business and livelihood should take professional advice and ensure they monitor any changes that come into law.’

Key proposals include allowing Agricultural Holdings Act tenants to assign their tenancy for payment to a third party, subject to a landlord’s right both to buy out the tenant at the time and to end the new arrangement after 25 years.

The minimum age of 65 years for succession on retirement applications would be abolished, to encourage earlier retirement and succession planning. There would be a new dispute resolution mechanism for disputes concerning apply to vary clauses, where either party believes they present an ‘unreasonable barrier’ to land improvement or business development.

The consultation proposes extending the category of persons entitled to apply for succession to include cohabitees, nieces, nephews and grandchildren. It also suggests removing the ‘commercial unit test’ which prevents an applicant who already farms a commercial farm from applying to take a succession tenancy on.

Issue: 7837 / Categories: Legal News , Property , Landlord&tenant
printer mail-details

MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
Financial protections for domestic abuse victims would be strengthened and cohabiting couples be given inheritance and separation rights, under historic government proposals
Doctors and nurses could be sued for mistakes made by the artificial intelligence (AI) equipment they use to treat patients, researchers have warned
The law sector has been chosen as the testing ground for the government’s AI Growth Labs—speeding up development, testing and regulatory compliance so software can be market-ready more quickly
A range of options beyond burial, cremation and burial at sea could become legally available, under Law Commission recommendations
Artificial intelligence (AI) legal assistants will be deployed to cut delays in the Crown Court, ministers have announced
back-to-top-scroll